The concepts presented here offer initial guidance in what can be a long and challenging process:
proving vicarious liability for the negligent acts of a non-employee.
It is important to consider this potential means of
proving vicarious liability, given an appropriate fact situation, in addition to the possibility of proving non-delegable duty.
Not exact matches
The judge referred to the governing legal test for determining if an employer is vicariously liable for employee sexual misconduct, and concluded that because the alleged abuse was said to have occurred while the teacher was simply carrying out his ordinary duties as a teacher, without taking advantage of any specialized opportunities afforded to him by virtue of his employment, no
vicarious liability would have attached to the school board even if the alleged sexual misconduct had been
proven.